Presumption of culpable mental state shifts burden to accused to disprove mens rea; rebuttal requires proof beyond reasonable doubt. The provision places the evidential burden on the accused to prove absence of mens rea, treating culpability to include intention, motive, knowledge, belief and reason to believe; the presumption is rebutted only if the accused proves lack of culpable mental state beyond reasonable doubt, not by mere preponderance of probability.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Presumption of culpable mental state shifts burden to accused to disprove mens rea; rebuttal requires proof beyond reasonable doubt.
The provision places the evidential burden on the accused to prove absence of mens rea, treating culpability to include intention, motive, knowledge, belief and reason to believe; the presumption is rebutted only if the accused proves lack of culpable mental state beyond reasonable doubt, not by mere preponderance of probability.
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